ESTRELLA v. MONTEFIORE MED. CTR.

22286/15E. Appeal No. 12987. Case No. 2020-02506.

190 A.D.3d 638 (2021)

2021 NY Slip Op 00491

Jennifer Estrella, Appellant, v. Montefiore Medical Center, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2021.


Attorney(s) appearing for the Case

The Law Office of Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph of counsel), for appellant.

Widowski Law Group LLP, New York ( Esther S. Widowski of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.


Supreme Court properly dismissed plaintiff's action against Montefiore on the ground that her claims based on her October 4, 2012 emergency room visit, during which a lesion on her liver was detected during a CT scan, are barred by the 2½-year statute of limitations (see CPLR 214-a; Wilson v Southampton Urgent Med. Care, P.C., 112 A.D.3d 499, 499 [1st Dept 2013]). The continuous treatment doctrine did not operate to toll...

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